Gibraltar

2013 Findings on the Worst Forms of Child Labor

Moderate Advancement

In 2013, Gibraltar made a moderate advancement in efforts to prevent the worst forms of child labor. While there is no evidence of a problem, the Government has strengthened its preventive legal framework to help protect children from exploitive labor. In 2013, the Government of Gibraltar enacted the Gibraltar Merchant Shipping (Maritime Labour Conventions) Regulations, which extends labor protections to children working aboard ships through age 18. However, critical gaps remain in the legal framework to prevent children from being involved in the worst forms of child labor. The legal framework does not appear to define a minimum age for all work, nor does it appear to fully protect children ages 15 through 17 from hazardous work. The law also does not appear to prohibit the use of children in illicit activities that are not of a sexual nature, such as for drug trafficking, theft, or burglary. These gaps continue to leave children vulnerable to the worst forms of child labor.

I. Prevalence and Sectoral Distribution of Child Labor

II. Legal Framework for the Worst Forms of Child Labor

British Overseas Territories (OTs) are territories under the jurisdiction and sovereignty of the United Kingdom (UK), but they do not form part of the UK. They are self-governing, except in the areas of foreign affairs and defense. Domestic UK Law does not generally apply to OTs, unless explicitly extended.

None of the following conventions have been extended to Gibraltar (Table 1).

Table 1. Ratification of International Conventions on Child Labor

Convention

Ratification

ILO C. 138, Minimum Age

ILO C. 182, Worst Forms of Child Labor

UN CRC

CRC Optional Protocol on Armed Conflict

CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

Palermo Protocol on Trafficking in Persons

The Government has established relevant laws and regulations related to child labor, including its worst forms (Table 2).

Gibraltar does not appear to have a clearly defined law or regulation setting a minimum employment age for all work. The Education and Training Act of 1974 bars employing children under the age of 18 as apprentices, and possibly in other work, without the written consent of the Government's Director of Education; however, the Act affords the Director wide discretion in determining whether to consent to the employment.(11) The definition of "child" also varies throughout the legal framework.(5,9, 11)

Three laws limit employing children in hazardous activities. The first law, the Working Time Act, prohibits children under age 16 from employment that is dangerous to their life, health, or morals; though the Act does not list specific industries or activities that would fall within this definition, it does regulate working time for young persons ages 15-17; specifically, work performed at night, the maximum amount of hours a young person may work, and the minimum amount of time employers should allocate for breaks and rest periods.(5) Research has been unable to locate any list or more specific definition promulgated under the authority of this law. The second law, Gibraltar's Employment Act prohibits children under age 15 from working in "industrial undertakings," which the Act defines broadly to include mining, manufacturing, construction, and transportation.(4, 5) Finally, the Merchant Shipping Regulations enacted in 2013 bar children under 18 from working at night on marine vessels and bar children under 16 from working on vessels at all.(4) Taken together, the various regulations may not fully protect children ages 15 through 17 from hazardous work, as the Employment Act specifically allows children of these ages to work at night in industrial undertakings in mining and in manufacturing of iron, steel, paper, raw sugar, and glass work.(4) It is not clear whether any other government rule exists that details a more comprehensive list of hazardous activities prohibited for all children under 18. Also, while the Crimes Act 2011 prohibits the use of children for begging, it is not clear whether laws exist prohibiting the use of children in illicit activities such as the production and distribution of illegal drugs.(9)

The UK and the Royal Gibraltar Regiment are responsible for defending Gibraltar.(2, 10) The UK Government has introduced systems to track ages and locations of individual soldiers, with the aim of preventing under 18s from being deployed into hostilities. Deployment of members of the armed forces who have not yet reached 18 years is permitted when there is a genuine need and the situation is urgent.(2, 10, 14-16)

III. Enforcement of Laws on the Worst Forms of Child Labor

Although there is no evidence of a child labor problem in Gibraltar, limited evidence suggests that institutional mechanisms have been established to enforce labor laws and regulations related to child labor, including its worst forms.(3, 17) However, research did not identify these institutional mechanisms.